HomeMy WebLinkAboutMinutes Council 040501CITY COUNCIL REGULAR MEETING, 4/5/01
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
April 5, 2001
The April 5, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida,
was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at
10500 North Military Trail, Palm Beach Gardens, Florida and opened with the Pledge of Allegiance
to the Flag.
ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance:
Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember
Lauren Furtado, and Councilmember Carl Sabatello.
A moment of silence was observed for U.S. military personnel in China.
REORDER AGENDA: Councilmember Sabatello made a motion to reorder the agenda to next
consider Item "h" from the Consent Agenda: Proclamation Amara Shrine 25th Annual Circus - April
12 -15, 2001. Councilmember Furtado seconded the motion, which carried by unanimous 5 -0 vote.
PROCLAMATION: Councilmember Clark made a motion to approve Item "h," Proclamation
Amara Shrine 25th Annual Circus - April 12 -15, 2001. Motion was seconded by Vice Mayor Jablin
and carried by unanimous 5 -0 vote. Mayor Russo read the Proclamation into the record. A
representative of Amara Shrine expressed thanks on behalf of the organization.
ANNOUNCEMENTS: Mayor Russo expressed congratulations to City Attorney Len Rubin and his
wife on the birth of their son.
PRESENTATIONS:
Team Building Facilitators - Human Resources Director Hank Dufour introduced Mr. Heinz, who
provided a presentation describing his Vision 360 program, which helped organizations create a
positive culture. Mr. Heinz described their processes that would be used in the program, and
provided testimonials from former clients. Jim LaRue, LaRue Management, was the next presenter
and he described how his program would help the City's management team implement goals,
visions, and values established by the City Council. Mayor Russo indicated discussion of direction
for this item would be held at the next meeting.
Twogether for Life Organization - American Cancer Society/Heart Association - Mayor Russo
announced this presentation would not be made tonight.
Phase 3 Water Restrictions and Gray Water - Rim Bishop, Seacoast Utilities, indicated that under
Phase 3 restrictions, the loss of property and business was possible, and since Northern Palm Beach
County had no link to Lake Okeechobee, Seacoast had proposed not going to Phase 3 restrictions.
Mr. Bishop noted that several cities in the northern part of the County had requested South Florida
Water Management to continue Phase 2 restrictions. Mr. Bishop explained that Phase 2 restrictions
were based on the historically low level of Lake Okeechobee, and that cities to the south did use
Lake Okeechobee as their source of water; but there was no reason to restrict growth in this area
based on water supplies here. Mr. Bishop reported Seacoast Utility had won the David York
Wastewater Reuse Award for the State of Florida for the most innovative and effective wastewater
reuse program. He explained that the reason the groundwater level was in such good shape in our
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area was that 100% of the wastewater was recycled and used for irrigation. Mayor Russo requested
that an article explaining the water situation be placed in the next issue of City Line. Councilmember
Furtado requested that the City share their conservation measures with other municipalities, and
Councilmember Sabatello recommended revisiting the situation as the weather becomes hotter in
order to request a waiver from water restrictions if there was no reason for those restrictions.
ITEMS AND REPORTS BY MAYOR AND COUNCIL:
Councilmember Furtado thanked staff for their help with the Traffic Summit, expressed hope that
the Council would support working with other governments to formulate alternative transportation
issues, and volunteered to serve as a member of a Committee to develop those alternatives.
Councilmember Furtado requested the lobbyist share what had happened at the Ironhorse meeting,
to which the Mayor responded that there should first be a presentation from DOT. Vice Mayor
Jablin indicated that he would also be interested in working on the alternative transportation issues,
reported a wonderful meeting hosted by School of the Arts in the City Hall lobby displaying the
banners made by their students, and indicated the Art Advisory Board was purchasing banners for
display at City Hall. Councilmember Furtado proposed dividing the Burns Road underpass into
spaces for different schools to paint murals, with which the Vice Mayor agreed. Mayor Russo
reported he had discussed several items with Richard Orman and asked him to discuss the underpass
under Comments from the Public. Councilmember Clark reported he and the Vice Mayor had
attended a tour of the expanded Senior Center on Northlake Boulevard, and reported that the Senior
Center offered a day care program for adults in the early stages of Alzheimers which was priced
reasonably and that openings were available. Mayor Russo reported he had attended the last meeting
of the North County Economic Advisory Group and that a new group consisting of all north county
cities would replace that organization. Mayor Russo reported he had also attended a function by the
marine industry in Palm Beach County, and had been amazed by their impact within the County.
The Mayor had also attended the opening of the Environaire facility in Palm Beach Gardens, which
employed 100.
CITY MANAGER REPORT:
The City Manager explained that a Public Information Report had been provided in the Council's
packets. Hoyt Owens, Director of Public Works, reported that rainfall during the March 19, 2001
Rain Event was 6.625 inches, discussed the times that gate 1 and gate 2 had been open, and reported
the magnitude of the backup of water during the event. Depictions of storm damage were reviewed.
Councilmember Furtado commented on areas where the drainage had not properly performed.
Councilmember Sabatello requested that consideration be given to system deficiencies, and
questioned whether it was normal for the gates to take 45 minutes to open. Mr. Owens explained
that was the normal time to open the gates and explained how the gate mechanism worked. Mr.
Owens indicated items to be addressed with South Florida Water Management District were
installation of remote sites to anticipate water flow and installation of gauges for City personnel to
read and report to SFWMD. Discussion ensued regarding the need to improve communication with
SFWMD. Mayor Russo recommended considering drainage improvements for the MacArthur
Boulevard/Lighthouse Drive area, which the City Manager indicated could be considered in next
year's capital improvements budget. Councilmember Clark expressed concern that one area on
Burns Road always flooded, and suggested this area might be improved when Burns Road was
widened. Councilmember Sabatello commented that the roads were designed to store water during
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storms, which was verified by City Engineer Dan Clark. The City Engineer discussed public
meetings scheduled regarding the Stormwater Utility for 10 a.m. April 17; 3 p.m. April 19; 6:30 p.m.
April 23, and 6:30 p.m. on April 25. Mr. Clark said that proforma and rate structure would be
presented to the City Council at their May 3, 2001 meeting.
COMMENTS FROM THE PUBLIC:
Richard Orman, 4203 Oak Street, expressed his opinion that the proposed underpass for Burns Road
was not needed and that a pedestrian light would be sufficient and much less costly, and requested
more research be conducted on this item. Mr. Orman indicated he was an expert on crime prevention
through environmental design and explained that a tunnel would invite crime. He questioned the
need for waiving a time requirement for the Legacy Place development as listed on the Consent
Agenda, to which Mayor Russo responded by explaining that the Council felt they needed to do what
they could to get this development approved within a certain time frame. Mr. Orman expressed his
opinion that the City Council granted too many waivers, which he intended to monitor.
CONSENT AGENDA:
Vice Mayor Jablin moved approval of the Consent Agenda. Councilman Clark seconded the motion,
which was approved by unanimous 5 -0 vote. The following items were approved on the Consent
Agenda:
a. Consideration of approving Minutes for the March 1, 2001 City Council Regular City
Council Meeting.
b. Bid Award - Consideration of awarding the purchase of one cargo van and one 15- passenger
van to Maroone Fleet for the amount of $38,658.00.
C. Resolution 47, 2001 - Award of Contract - Bus Transportation for Summer Camp.
Consideration of awarding the contract for summer camp bus transportation to Jupiter School
Bus Services, Inc., in the amount of $60,50000.
d. Resolution 51, 2001 - Upland Preserve. Consideration of approving a request by DiVosta
and Company for upland preserve mitigation for The Isles (Parcel 4.05) Planned Unit
Development to be located off -site on Parcel 4.07, at the northwest corner of Military Trail
and Hood Road; providing for conditions.
e. Resolution 53, 2001 - Mirasol Plats H & I. Consideration of approving Mirasol Plats H &
I.
f. Resolution 54, 2001 - Mirasol Parcel Three. Consideration of approving Mirasol Parcel
Three Plat.
g. Legacy Place - Development Application. Consideration of a request to waive Section
20(e)(1) of the City Land Development Regulations, which requires 23 days between a
Planning and Zoning Commission recommendation and City Council consideration of a
development application, in order to allow an expedited review schedule for Legacy Place.
PUBLIC HEARINGS:
Ordinance 5, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance
5, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Providing for an
Amendment to Ordinance 26, 2000, same being the Budget Ordinance of the City of Palm Beach
Gardens for the Fiscal Year beginning October 1, 2000, and ending September 30, 2001, inclusive;
providing for the repeal of Ordinances in conflict herewith; providing for severability; and providing
for an effective date. Richard Orman questioned what the changes were, which Finance Director
CITY COUNCIL REGULAR MEETING, 4/5/01 4
Olson indicated the various changes totaled to a $2 million budget reduction for the balance of the
year and that he would be happy to provide Mr. Orman with the list of items. Hearing no further
comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark
made a motion to approve Ordinance 5, 2001 on second reading by title only. Vice Mayor Jablin
seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 5, 2001
on second reading by title only.
Ordinance 6, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance
6, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, providing for the
approval of an application from Marathon - Ashland Petroleum Corporation for a re- zoning of a .8
acre parcel of land from CG -1 General Commercial to CG -1 General Commercial with a Planned
Unit Development Overlay Zoning District for the purpose of demolishing an existing 2,177 square -
foot building and constructing a new 2,337 square -foot convenience store with gasoline sales,
located at the southeast corner of PGA Boulevard and Prosperity Farms Road; providing for
conditions of approval; providing for waivers; providing for severability; providing for conflicts; and
providing for an effective date. The applicant indicated they had moved the monument sign as
requested by Council. Hearing no comments from the public, Mayor Russo declared the public
hearing closed. Councilman Clark made a motion to approve Ordinance 6, 2001 on second reading
by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The
City Clerk read Ordinance 5, 2001 on second reading by title only.
Resolution 36, 2001 - Mayor Russo declared the public hearing open, held on the intent of
Resolution 36, 2001 - A Resolution of the City of Palm Beach Gardens, Florida, providing for
amendment of Resolution 96, 1999, the Consolidated and Amended Development Order for the
Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD);
providing for amendment of the Master Development Plan to designate an Oak Hammock Preserve
of approximately eight acres, convert 151 hotel rooms to 213 residential units (as depicted on map
H), combine all residential parcels located in the northeast portion of the DRI into a 104 -acre unified
parcel, reconfigure the water management tract, and reconfigure the alignment of the internal
roadways on the Kolter Property (as depicted on map H); providing that the City Clerk shall transmit
copies of this Resolution to the Florida Department of Community Affairs, Treasure Coast Regional
Planning Council, Palm Beach County, MacArthur Center Property Owners Association, inc.,
Northern Palm Beach County Improvement District, and The Grande at Palm Beach Gardens, Inc.;
providing for repeal of resolutions in conflict; and providing for an effective date. Growth
Management Director Charles Wu advised that the applicant had requested postponement to April
19, 2001 for both Resolution 36, 2001 and Resolution 50, 2001. Hearing no comments from the
public, Councilmember Clark made a motion to continue the public hearing for Resolution 36, 2001
to the April 19, 2001 City Council meeting. Vice Mayor Jablin seconded the motion, which carried
by unanimous 5 -0 vote.
RESOLUTIONS:
Resolution 50, 2001 - Kolter Site Plan. Consideration of approving an application from Kolter
Properties and the Northern Palm Beach County Improvement District, requesting a Site Plan
Review within a Planned Community District (PCD) for approval of a multi - family residential
community within the Regional Center Planned Community District located north of Gardens
Parkway and west of Prosperity Farms Road; the 49.37 acre site will contain 358 residential units
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in Phase 1; and Phase 2, which proposes 637 units on 63.17 acres will be subject to a future petition.
This item was pulled from the agenda at the request of the applicant.
Resolution 48, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
providing for the approval of an application from Taylor Woodrow Communities at Mirasol, Ltd.,
for Site Plan Approval to construct 475 multifamily units within Parcel D of the Mirasol Planned
Community District (PCD) on the west side of Jog Road and the southwest corner of the Northern
Rotary, approximately 1 -1/4 mile north of the intersection of Jog Road and PGA Boulevard, as more
particularly described herein; providing for conditions of approval; providing for waivers; and
providing for an effective date. Planner John Lindgren presented the project. Ann Booth, agent for
the petitioner, clarified the requested sidewalk waiver. Councilman Clark moved approval of
Resolution 48, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 49, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
providing for an amendment to Resolution 83, 1999, the Stainsafe (Lots 7 & 8) Development Order,
to remove condition #7 of section 5; and providing for an effective date. Growth Management
Director Charles Wu explained condition 7 relative to the traffic signal warrant study and the
applicant's installation of said signal. He said that the study had indicated there was not sufficient
traffic to warrant the traffic light. Councilman Clark moved approval of Resolution 49, 2001. Vice
Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 7, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
assessing a fee on telecommunications companies that occupy municipal rights -of -way for
telecommunications facilities; providing for payment and interest; providing for review of records;
providing for severability; providing for conflicts; and providing for an effective date. Councilman
Clark moved that Ordinance 7, 2001 be placed on First Reading by title only. Vice Mayor Jablin
seconded the motion, which carried by 5 -0 vote. The City Clerk read Ordinance 7, 2001 by title only
on first reading.
ITEMS FOR DISCUSSION:
Variable or Fixed Rate Debt - Because of changes in the market during the past six months, City
Manager Ron Ferris requested flexibility to use either variable or fixed rates, or a combination of the
two, to obtain the best interest rates for the City's debt. The City Manager received direction from
the City Council to bring back a Resolution with the necessary changes to obtain the requested
flexibility.
ADJOURNMENT:
There being no further business to discuss, up motio y C cilman Clark, seconded by Vice
Mayor Jablin, carried 5 -0, the meeting wasume t 8: p.m.
APPROVAL:
VICE NYOR ERIC
CITY COUNCIL REGULAR MEETING, 4/5/0 6
CHAIRMAN P O TEM CARL SABATELLO
COMCILMAN DAVID CLARK
COUNCILWOMAN LAUREN FURTADO
ATTEST:
CAROL GOB D G";
CITY CLERK ._